Wednesday, January 29, 2014

Wyoming Supreme Court Rules in Favor of State Superintendent in Power Struggle with Governor

Wyoming’s Superintendent of Public Instruction vowed to return to her job at the department of education this week after the Wyoming Supreme Court ruled that a law stripping her of most of her authority was unconstitutional. State school superintendent Cindy Hill sued the state after Wyoming Governor Matt Mead signed a law that transferred her supervisory powers to an appointed “director” of public instruction, who took over the state’s $1 billion education budget and 150 employees. Hill was assigned a separate office away from the education department with about six employees. In a 3-2 decision released Tuesday, the Wyoming Supreme Court ruled that the state constitution gives the Superintendent, an elected position, the responsibility of the “general supervision of the public schools” and that the legislature could not constitutionally transfer that supervisory authority from an elected state official to an appointed director. The bill  that divested Hill of power, Senate File 104 (nicknamed the “Hill bill”), is now being reviewed to see if it can be saved. Superintendent Hill’s case will return to the Laramie court that asked the state supreme court to rule on the law’s constitutionality. Meanwhile, Hill has announced that she will be running for governor next year but she still faces a mismanagement investigation by a state House committee that could lead to her impeachment. Read court’s opinion in Powers v. State of Wyoming, et al., here.

http://lawprofessors.typepad.com/education_law/2014/01/wyoming-supreme-court-rules-in-favor-of-state-superintendent-in-power-struggle-with-governor.html

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